Decree No. 43/2015/NĐ-CP on the establishment and management of water source protection zones

DECREE

Article 24stipulates the establishment and management of water source protection zones

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Pursuant to the Law on Organization of the Government dated December 25, 2001;

On the basis of the Law on Water Resources dated June 21, 2012;

At the proposal of the Minister of Natural Resources and Environment,

The Government shall issue a Decree to stipulate the establishment and management of water source protection zones.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the establishment and management of water source protection zones for water sources as defined in Article 31 of the Law on Water Resources No. 17/2012/QH13.

Article 2. Applicability

This Decree applies to state agencies, organizations, individuals, and households related to the establishment and management of water source protection zones, engaging in activities within water source protection zones on the territory of the Socialist Republic of Vietnam.

Article 3. Explanation of Terms

1. Water sources related to religious and belief activities are water sources considered sacred by the community or places where religious festivals are organized.

2. Water sources related to cultural conservation activities are sections of rivers, streams, canals, creeks, lakes closely associated with scenic spots, historical and traditional cultural relics of the locality.

3. Water sources of high value for biodiversity are water sources closely linked to the habitat of species of animals and plants listed in the priority protected species catalog.

4. Rivers, streams, canals, and creeks must establish water source protection zones as specified in Point c Clause 1 Article 31 of the Law on Water Resources, including:

a) Sections of rivers, streams, canals, and creeks that supply water to drinking water plants, production facilities for urban areas, concentrated residential areas, industrial parks, and craft villages;

b) Rivers, streams, canals, and creeks spanning multiple districts or provinces serving as drainage channels for urban areas, concentrated residential areas, and industrial parks;

c) Rivers, streams, canals, and creeks with functions of supplying and draining water to ensure environmental sanitation, restore and rehabilitate polluted, degraded, and depleted water sources in urban areas and concentrated residential areas;

d) Rivers, streams, canals, and creeks closely tied to the livelihoods of communities living along the banks.

The bank edge of rivers, streams, canals, and creeks is the boundary between the natural slope of the riverbank and the natural ground surface horizontally. In cases where the banks have been reinforced, the bank edge is the top of the reinforced bank. For natural lagoons, swamps, ponds, and artificial lakes not being hydroelectric or irrigation reservoirs, the bank edge is determined based on the highest water level by the agency responsible for setting up boundary markers; for coastal lagoons, it is determined based on the average high tide level over many years.

Article 4. Functions of water source protection zones

1. Water source protection zones are established to perform the following functions:

a) Protecting the stability of the banks and preventing encroachment on land adjacent to water sources;

b) Preventing activities that pose a risk of polluting or degrading water sources;

c) Protecting, conserving, and developing aquatic ecosystems and natural flora and fauna along water sources;

d) Creating space for cultural, sports, recreational, and entertainment activities, as well as preserving and developing historical, cultural, tourism, and religious values related to water sources.

2. The functions of water source protection zones as stipulated in Clause 1 of this Article are determined for the entire zone or specific sections of the zone according to the requirements for protecting water sources.

3. The functions of water source protection zones are reflected in the List of Water Sources Required to Establish Water Source Protection Zones and serve as the basis for determining the scope of water source protection zones as prescribed in this Decree.

Article 5. Principles for Establishing and Managing Water Source Protection Zones

1. Ensuring requirements for water source protection while also ensuring harmonious rights and legitimate interests of organizations and individuals related to such zones.

2. The boundaries of water source protection zones shall be reflected on land planning and utilization maps.

3. Land planning and utilization plans, as well as specialized planning, must ensure the maintenance and development of functions of approved water source protection zones.

4. The establishment of water source protection zones must ensure transparency and democracy.

Article 6. Prohibited Acts within Water Source Protection Zones

1. Acts that threaten or reduce the functions of water source protection zones; cause bank erosion or collapse of rivers, streams, canals, ditches, reservoirs; or have serious impacts threatening the stability and safety of rivers, streams, canals, ditches, and reservoirs.

2. Unauthorized occupation or illegal use of land within water source protection zones; using land for purposes not approved by competent authorities.

3. Constructing new or expanding the scale of hospitals, infectious disease treatment facilities, cemeteries, waste disposal sites, hazardous chemical production facilities, or facilities producing harmful wastewater.

Chapter II

SPECIFIC PROVISIONS

Article 7. Basis for Determining the Scope of Water Source Protection Zones

1. Functions of water source protection zones.

2. Topographical, geological, hydrological, environmental, and ecological characteristics; changes in riverbeds and banks of rivers, streams, canals, and ditches.

3. Current land use status, economic, cultural, and social activities in areas adjacent to water sources.

4. Specific provisions regarding the minimum scope of water source protection zones as stipulated in Articles 9, 10, and 11 of this Decree.

Article 8. Scope of Water Source Protection Zones for Reservoirs of Hydropower and Irrigation Projects

1. For hydropower and irrigation reservoirs with a capacity greater than one billion cubic meters (1,000,000,000 m³) or with a capacity from ten million cubic meters (10,000,000 m³) to one billion cubic meters (1,000,000,000 m³) located in concentrated residential areas or areas with defense and security facilities, the scope of the water source protection zone is the area from the boundary line at the highest water level corresponding to the design flood to the boundary line at the land clearance level of the reservoir.³having a capacity from ten million cubic meters (10,000,000 m³)³to one billion cubic meters (1,000,000,000 m³)³but located in concentrated residential areas, areas with defense and security facilities, the protection zone for water sources shall be the area calculated from the boundary line at the elevation equal to the highest water level corresponding to the designed flood to the boundary line at the elevation equal to the land clearance level of the reservoir basin.

2. For other types of hydroelectric and irrigation reservoirs, the protection zone for water sources shall be the area calculated from the boundary line at the elevation equal to the crest elevation of the dam to the boundary line at the elevation equal to the land clearance level of the reservoir basin.

Article 9. Scope of Water Source Protection Zones for Rivers, Streams, Canals, and Ditches

1. For water source protection zones of rivers, streams, canals, and ditches with functions specified in Point a Clause 1 Article 4 of this Decree, the scope of the water source protection zone is as follows:

a) Not less than 10 meters from the edge of the bank for sections of rivers, streams, canals, and ditches flowing through cities, concentrated residential areas, or planned urban and residential areas;

b) Not less than 5 meters from the edge of the bank for sections of rivers, streams, canals, and ditches not flowing through cities or concentrated residential areas;

c) In cases where sections of rivers, streams, canals, and ditches are subject to bank collapse or have a risk of collapse, the People's Committee of provinces and centrally governed cities (hereinafter referred to as provincial-level People's Committees) shall determine the scope of the water source protection zone based on the channel dynamics and collapse conditions to ensure the safety of lives and property of residents, limit causes of bank collapse, and protect the stability of the banks;

d) In cases where sections of rivers, streams, canals, and ditches have been reinforced against collapse or encroachment, the provincial-level People's Committees shall decide on the scope of the water source protection zone smaller than the minimum scope specified in Points a and b of this Clause.

2. For water source protection zones of rivers, streams, canals, and ditches with functions specified in Point b Clause 1 Article 4 of this Decree, the scope of the water source protection zone is as follows:

a) Not less than 20 meters from the edge of the bank for sections of rivers, streams, canals, and ditches flowing through cities, concentrated residential areas, or planned urban and residential areas;

b) Not less than 15 meters from the edge of the bank for sections of rivers, streams, canals, and ditches not flowing through cities or concentrated residential areas.

3. For water source protection zones of rivers, streams, canals, and ditches with functions specified in Point c Clause 1 Article 4 of this Decree, the scope of the water source protection zone is not less than 30 meters from the edge of the bank or includes the entire wetland area adjacent to the rivers, streams, canals, and ditches.

4. For water source protection zones of rivers, streams, canals, and ditches with functions specified in Point d Clause 1 Article 4 of this Decree, the provincial-level People's Committees shall decide on the specific scope of the water source protection zone.

5. In cases where water source protection zones have two or more functions, the minimum scope of the zone shall be determined according to the function with the widest minimum scope.

6. In cases where water source protection zones are established as stipulated in Clauses 1, 2, 3, and 4 of this Article but are located in sections of rivers, streams, canals, and ditches with embankment works, railway lines, roads, or other infrastructure projects along water sources, the maximum scope of the water source protection zone shall not exceed the embankment protection zone boundary towards the river or the safety zone boundary of these projects towards the bank.

7. In cases where canals and ditches belong to hydraulic engineering systems, they shall be managed in accordance with laws on protecting hydraulic engineering works.

8. In cases where rivers, streams, canals, and ditches are located within natural conservation areas or within the protection zones of historical and cultural relics, they shall be managed in accordance with laws on natural conservation and the protection of historical and cultural relics.

Article 10. Scope of Water Source Protection Zones for Natural Lakes, Artificial Lakes in Urban Areas, Concentrated Residential Areas, and Other Water Sources

1. For natural lakes, artificial lakes in urban areas, concentrated residential areas, and large lakes and ponds with flood control functions in other areas, the scope of water source protection zones shall not be less than ten (10) meters from the edge of the shore.

2. For natural swamps, religious and cultural water sources with high biodiversity value, cultural conservation, and natural ecosystem protection and development, the scope of water source protection zones shall not be less than thirty (30) meters from the edge of the shore.

3. In cases where water sources are located within natural conservation areas or within the protection zones of historical and cultural relics, the provisions of laws on natural conservation and the protection of historical and cultural relics shall be implemented.

Article 11. Establishment and Publication of the List of Water Sources Requiring the Establishment of Protection Zones

1. Establishing the List of Water Sources Requiring the Establishment of Protection Zones:

a) Based on the provisions of Clause 1, Article 31 of the Law on Water Resources, the provisions of Articles 3 and 7 of this Decree, the Department of Natural Resources and Environment shall take the lead and coordinate with the People's Committees of districts, counties, towns directly under provinces (hereinafter referred to collectively as district-level People's Committees) to establish the list of water sources requiring the establishment of protection zones within their jurisdictions, seek opinions from the Department of Agriculture and Rural Development, the Department of Industry and Trade, the Department of Construction, and relevant departments, and submit it for approval by the provincial-level People's Committee;

b) The List of Water Sources Requiring the Establishment of Protection Zones shall include the following main contents:

- Name and administrative boundaries of the lake, river section, stream, canal, or creek requiring the establishment of a protection zone;

- Function of the water source protection zone;

- List and scope of the water source protection zones that need to set boundary markers according to Clause 1, Article 12, and Clause 1, Article 13 of this Decree, and the priority order for setting boundary markers over a five-year period; specific plans for setting boundary markers each year;

c) The dossier submitted for review and approval by the provincial-level People's Committee includes: Memorandum; draft Decision approving the List of Water Sources Requiring the Establishment of Protection Zones along with the List of Water Sources Requiring the Establishment of Protection Zones within the jurisdiction and related documents.

The memorandum must include the following main contents: explanation of the selection of water sources requiring the establishment of protection zones; basis for determining the function of each protection zone; process of establishing the List.

2. Publishing the List of Water Sources Requiring the Establishment of Protection Zones:

a) Within fifteen (15) working days from the date of approval, the Department of Natural Resources and Environment shall be responsible for publishing the List of Water Sources Requiring the Establishment of Protection Zones through mass media, notifying the district-level People's Committees, and publicly posting it at the offices of the People's Committees of communes, wards, and towns (hereinafter referred to collectively as commune-level People's Committees) where the water sources requiring the establishment of protection zones are located;

b) The approval and publication of the List of Water Sources Requiring the Establishment of Protection Zones must be completed within two (02) years from the effective date of this Decree and reviewed, adjusted, or revised every five (05) years as necessary.

Article 12. Setting up markers for water source protection zones for hydroelectric and irrigation reservoirs

1. Hydroelectric and irrigation reservoirs with a capacity of one million cubic meters (1,000,000 m³) or more must implement the setting up of markers for the water source protection zone.³2. The management and operation organizations of the reservoirs specified in Clause 1 of this Article shall take the lead and coordinate with the People's Committee of the district where the reservoir is located to develop plans for setting up boundary markers for the water source protection zone of the reservoir. The plan for setting up boundary markers for the water source protection zone of hydroelectric and irrigation reservoirs must include the following main contents:

a) Basic parameters of the reservoir;

b) Current land management and usage around the reservoir;

c) Determination of the specific scope of the water source protection zone on the ground plan;

d) Coordinates, administrative place names of the boundary markers, distances between the boundary markers on topographic maps at scales of 1/25,000 to 1/2,000;

e) Plan for mobilizing manpower, materials, construction, and clearing the site on the ground;

f) Schedule for setting up markers, transferring boundary markers, and implementation costs.

3. The procedures and formalities for reviewing and approving plans for setting up boundary markers for the water source protection zone for hydroelectric and irrigation reservoirs are stipulated as follows:

a) Within ten (10) working days from the date of receipt of the plan for setting up boundary markers from the management and operation organization of the reservoir, the Department of Natural Resources and Environment shall be responsible for examining and inspecting the plan. In cases where the requirements set out in Clause 2 of this Article have not been met, the Department of Natural Resources and Environment shall notify the management and operation organization of the reservoir to supplement and improve;

b) Within thirty (30) working days from the date of receipt of the plan that meets the requirements set out in Clause 2 of this Article, the Department of Natural Resources and Environment shall be responsible for soliciting opinions from the Department of Industry and Trade, the Department of Agriculture and Rural Development, the People's Committee of the district where the reservoir is located, and related agencies and units; if necessary, it shall submit to the People's Committee of the province to establish a review board for the plan for setting up boundary markers for the reservoir protection zone.

The Department of Natural Resources and Environment shall be responsible for compiling opinions and sending them to the management and operation organization of the reservoir for improvement. The management and operation organization of the reservoir shall be responsible for adopting and explaining opinions, improving the dossier. If conditions are met, the Department of Natural Resources and Environment shall submit to the People's Committee of the province for approval of the plan for setting up markers.

4. Based on the approved plan for setting up boundary markers, the management and operation organization of the reservoir shall take the lead and coordinate with the People's Committee of the district where the reservoir is located to carry out the setting up of boundary markers on the ground; transfer the boundary markers to the People's Committee of the commune where the reservoir is located for management and protection.

5. The deadline for completing the setting up of boundary markers for the water source protection zone for hydroelectric and irrigation reservoirs is stipulated as follows:

a) For reservoirs under construction and not yet put into operation, the transfer of boundary markers must be completed before the reservoir begins to store water;

b) For operating reservoirs that have not implemented the transfer of boundary markers according to Decree No. 112/2008/NĐ-CP dated October 20, 2008 on the management, protection, and comprehensive exploitation of resources and the environment of hydroelectric and irrigation reservoirs, they must complete the transfer of boundary markers within a maximum period of two (02) years for hydroelectric reservoirs and five (05) years for irrigation reservoirs from the date this Decree takes effect.

b) For operational reservoirs that have not yet completed the handover of boundary markers in accordance with Decree No. 112/2008/NĐ-CP dated October 20, 2008 on the management, protection, and comprehensive exploitation of resources and the environment of hydroelectric and irrigation reservoirs, they must complete the handover of boundary markers within a period not exceeding two (02) years for hydroelectric reservoirs and five (05) years for irrigation reservoirs from the date this Decree takes effect.

Article 13. Setting up boundary markers for water source protection zones for rivers, streams, canals, creeks, natural lakes, artificial lakes in urban areas, concentrated residential areas, and other water sources.

1. The setting up of boundary markers for water source protection zones shall be carried out for sections of rivers, streams, canals, and creeks flowing through urban areas, concentrated residential areas, centralized industrial zones, craft villages, or areas planned for urban development, concentrated residential areas, centralized industrial zones, and craft villages; natural lakes and artificial lakes in urban areas and concentrated residential areas.

2. Annually, based on the List of Water Sources Required to Establish Protection Zones, the Department of Natural Resources and Environment shall coordinate with the People's Committee at the district level to submit to the People's Committee at the provincial level for approval the plan to set up boundary markers for water source protection zones within their jurisdiction and detailed plans and budgets for setting up boundary markers after the provincial People's Committee approves the plan.

3. The plan for setting up boundary markers for water source protection zones shall include the following main contents:

a) Determining the specific scope of the water source protection zone on a site plan;

b) Coordinates, administrative place names, distances of boundary markers on topographic maps at scales from 1/25,000 to 1/2,000;

c) Compensation, land clearance, and resettlement plans (if applicable);

d) Organization and mobilization plans for materials, equipment, manpower, and technical solutions for implementation on-site;

đ) Detailed budget estimate for implementation costs;

e) Schedule for setting up boundary markers and transferring boundary markers.

4. The People's Committee at the district level shall direct the People's Committee at the commune level to organize the actual setting up of boundary markers according to the approved plan for setting up boundary markers for water source protection zones; transfer the boundary markers for water source protection zones to the People's Committee at the commune level for management and protection.

5. The Department of Natural Resources and Environment shall be responsible for urging, monitoring, and inspecting the setting up of boundary markers for water source protection zones within its jurisdiction.

Article 14. Budget for setting up boundary markers for water source protection zones.

1. The budget for setting up boundary markers for water source protection zones for hydroelectric and irrigation reservoirs shall be borne by the reservoir owner or the organization managing the reservoir.

2. The budget for setting up boundary markers for water source protection zones for rivers, streams, canals, creeks, natural lakes, artificial lakes in urban areas, concentrated residential areas, and other water sources shall be covered by the state budget, including local budgets, support from the central budget, and supplemented from revenue from granting rights to exploit water resources as prescribed by law.

3. For localities that have balanced budgets with the central government, the local budget shall self-balance the implementation.

4. Annually, the Ministry of Natural Resources and Environment shall be responsible for reviewing and compiling the budget for setting up boundary markers for water source protection zones proposed by localities for support from the central government budget and from revenue from granting rights to exploit water resources, and send it to the Ministry of Finance for inclusion in the annual budget estimate as prescribed by law on the budget.

Article 15. Requirements for activities within water source protection zones.

1. Organizations, individuals, and households residing or engaging in production, business, and service activities within the scope of water source protection zones must ensure the following requirements:

a) Not causing erosion or collapse of river, stream, canal, or lake banks, or seriously affecting the stability and safety of rivers, streams, canals, and lakes;

b) Not affecting the functions of water source protection zones already approved by competent state authorities;

c) Not adversely affecting the landscape and ecological environment within the scope of water source protection zones;

d) Implementing measures to protect water resources as prescribed by law.

2. Organizations and individuals must obtain written consent from the Department of Natural Resources and Environment regarding the impact on the functions of water source protection zones when carrying out the following activities within water source protection zones:

a) Constructing warehouses, wharfs, ports, bridges, roads, underground works, and other infrastructure projects;

b) Excavating, filling, or reinforcing river, stream, canal, and lake banks, except in cases of constructing emergency projects to prevent, control, and mitigate natural disasters;

c) Drilling or digging for geological investigation, mineral exploration, foundation treatment of structures, and mine drainage;

d) Exploiting minerals and construction materials.

Article 16. Responsibilities of Ministries and Agencies Equivalent to Ministries

1. Responsibilities of the Ministry of Natural Resources and Environment:

a) Guide and direct localities in establishing and managing water source protection zones in accordance with the provisions of this Decree;

b) Inspect, audit, and handle violations of laws related to the establishment and management of water source protection zones.

2. Ministries and agencies equivalent to ministries shall have the responsibility to coordinate with the Ministry of Natural Resources and Environment and provincial People's Committees within their respective duties and authorities in establishing and managing water source protection zones.

Article 17. Responsibilities of People's Committees at All Levels

1. Provincial People's Committee:

a) Direct and organize the construction and approval of the List of water sources that must establish protection zones on their territory;

b) Direct the organization of construction, approval, and implementation of plans and schemes for marking water source protection zone boundaries on their territory;

c) Organize propaganda and dissemination of regulations on the management of water source protection zones on their territory;

d) Inspect, audit, and handle violations of laws related to the establishment and management of water source protection zones on their territory;

đ) Allocate budget funds for compiling the List of water sources that must establish protection zones on their territory; and for marking water source protection zone boundaries as stipulated in Clause 2, Article 14 of this Decree in the annual local budget according to the law on the state budget.

2. District People's Committee:

a) Be responsible for managing and protecting boundary markers of water source protection zones; be responsible when encroachment, occupation, or illegal use of land within the scope of water source protection zones on their territory occurs;

b) Direct the People's Committee of communes in managing water source protection zones on their territory;

c) Coordinate with Provincial Departments of Natural Resources and Environment in compiling the List of water sources that must establish protection zones on their territory;

d) Coordinate with organizations and individuals operating reservoirs in formulating schemes for marking boundary markers to determine protection zones for hydroelectric and irrigation reservoirs on their territory and coordinate in implementing marking on-site after the scheme has been approved;

đ) Coordinate with Provincial Departments of Natural Resources and Environment in formulating schemes for marking boundary markers of river, stream, canal, creek, natural lake, artificial lake in urban areas, concentrated residential areas, and other water sources on their territory and coordinate in implementing marking on-site after the scheme has been approved.

Chapter III

IMPLEMENTING PROVISIONS

Article 18. Transitional Provisions

1. Hospitals, infectious disease treatment facilities, cemeteries, waste disposal sites, hazardous chemical production facilities, and production and processing facilities discharging harmful wastewater currently operating within water source protection zones shall not expand their scale and must implement strict measures to control and monitor the quality of wastewater and waste before discharging them into the soil and water sources.

For facilities currently causing water pollution, solutions must be implemented to rectify the situation within the time limit set by the provincial People's Committee (in cases where the facility operates within intra-provincial water source protection zones) or by the Ministry of Natural Resources and Environment (in cases where the facility operates within inter-provincial or international water source protection zones). If the facility cannot rectify the pollution situation, the provincial People's Committee or the Ministry of Natural Resources and Environment shall report to the Prime Minister for a decision to suspend operations or relocate the facility.

2. For hydroelectric and irrigation reservoirs that submitted plans for marking protection zone boundaries before the effective date of this Decree, they shall continue to implement according to the provisions of Decree No. 112/2008/NĐ-CP dated October 20, 2008, on the management, protection, and comprehensive exploitation of resources and the environment of hydroelectric and irrigation reservoirs.

Article 19. Effective Date

1. This Decree takes effect from July 1, 2015.

2. Abolish the provisions at Clause 1, Article 3; Article 6; Clause 3, Clause 4, and Clause 5, Article 8 of Decree No. 112/2008/NĐ-CP dated October 20, 2008, on the management, protection, and comprehensive exploitation of resources and the environment of hydroelectric and irrigation reservoirs.

Article 20. Responsibility for Implementation

1. The Ministry of Natural Resources and Environment shall take the lead and coordinate with relevant ministries and sectors in guiding the implementation of this Decree.

2. Ministers, Heads of agencies equivalent to ministries, Heads of government agencies, Chairmen of provincial and centrally-administered city People's Committees, and related organizations and individuals shall be responsible for implementing this Decree./.